PEOPLE v. BRYANT

626 KA 22-00020.

219 A.D.3d 1677 (2023)

197 N.Y.S.3d 774

2023 NY Slip Op 04857

The People of the State of New York, Respondent, v. Nicholas L. Bryant, Appellant.

Appellate Division of the Supreme Court of New York, Fourth Department.

Decided September 29, 2023.


Attorney(s) appearing for the Case

LEANNE LAPP , PUBLIC DEFENDER, CANANDAIGUA, KEEM APPEALS, PLLC, SYRACUSE ( BRADLEY E. KEEM OF COUNSEL), FOR DEFENDANT-APPELLANT.

JAMES B. RITTS , DISTRICT ATTORNEY, CANANDAIGUA ( V. CHRISTOPHER EAGGLESTON OF COUNSEL), FOR RESPONDENT.

Present—Lindley, J.P., Curran, Montour, Greenwood and DelConte, JJ.


Appeal from a judgment of the Ontario County Court (Brian D. Dennis, J.), rendered November 30, 2021. The judgment convicted defendant upon his plea of guilty of criminal sale of a controlled substance in the third degree (two counts).

It is hereby ordered that the judgment so appealed from is unanimously modified on the law by vacating the sentence and as modified the judgment is affirmed, and the matter is remitted to Ontario County Court for resentencing in accordance...

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